Shane v. McNeill
Supreme Court of Iowa
3. Courts: rules of practice : power to make. Chapter 134, Laws of 1886, empowering the judges of the state in convention to adopt rules of practice to prevail in all the districts of the state, does not abrogate the common-law power of the district court of a particular district to make a rule upon a point not covered by the rules adopted byjtlie judges in convention ; nor does it abrogate a rule, in existence in a particular district when the act was passed, on a point not…
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3. Courts: rules of practice : power to make. Chapter 134, Laws of 1886, empowering the judges of the state in convention to adopt rules of practice to prevail in all the districts of the state, does not abrogate the common-law power of the district court of a particular district to make a rule upon a point not covered by the rules adopted byjtlie judges in convention ; nor does it abrogate a rule, in existence in a particular district when the act was passed, on a point not covered by the rules adopted by the convention of judges. Accordingly, held that a rule in a certain district,…
1Opinion of the CourtBeck, J.
— I. The petition alleges that plaintiff is the widow of Robert Shane, who in his life-time, and while plaintiff was his wife, was seized of certain lands, which he afterwards conveyed to defendant’s grantor. Plaintiff did not relinquish her dower interest in the land by joining in the deed. She seeks in this action to have her dower in the land assigned and set apart to her. The answer of defendants, as defense to the action, sets up these facts : Prior to the execution of the deed by plaintiff’s husband to defendants’ grantors under which they claim, he and plaintiff made an “exchange” or…
2Cases cited2 opinions
- Linton v. CrosbySupreme Court of Iowa · 1880
- In re Estate of LennonSupreme Court of Iowa · 1882
3Cited by10 opinions
- Iowa Civil Liberties Union v. CritelliSupreme Court of Iowa · 1976
- Magnuson v. BillingsIndiana Supreme Court · 1899
- Kolb v. MallSupreme Court of Iowa · 1919
- Smith v. FullerSupreme Court of Iowa · 1908
- Garner v. FrySupreme Court of Iowa · 1898
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